Can a tenant appeal an eviction?
Last updated: October 15, 2026
Short answer
Yes. Every province covered here has a way to challenge an eviction order, but the route, the deadline and the grounds differ, and most are narrow. Deadlines can be very short, from 2 days to ask for a review of a BC order of possession to 7 days in Manitoba and New Brunswick, and 30 days in several provinces. Filing an appeal puts the order on hold in Manitoba, Ontario, Saskatchewan, New Brunswick and PEI, but not automatically in Alberta, so check the deadline on your order the day you get it.
Where to go after an eviction order
A review asks the same tribunal to look again. An appeal goes to a different body, often a court or a separate board. The table shows the main routes and deadlines. Most appeals to a court are limited to a question of law or jurisdiction, which means you cannot simply argue that the facts were decided wrongly.
| Province | Where | Deadline | Grounds and effect on the order |
|---|---|---|---|
| Alberta | Court of King's Bench (appeal); RTDRS review | 30 days after the order is filed; review 20 or 30 days | Law or jurisdiction only; no stay unless the court orders one |
| British Columbia | RTB review; BC Supreme Court judicial review | 2 days for an order of possession; 60 days for judicial review | Review for inability to attend, new evidence or fraud; only one review per proceeding |
| Manitoba | Residential Tenancies Commission | 7 days for an order of possession; 14 days for other orders | Appeal stays the order; the Commission can extend the deadline |
| Saskatchewan | ORT correction; Court of King's Bench appeal | 15 days; 30 days after the order is signed and dated | Law or jurisdiction only; filing stays enforcement |
| Ontario | LTB request to review; Divisional Court | 15 days; 30 days | Court appeal on a question of law only; filing stays the order |
| New Brunswick | Judge of the Court of King's Bench | 7 days after notice of the decision or service of the order | Jurisdiction or error of law; applying stays the order |
| Nova Scotia | Small Claims Court (new hearing) | 10 days | Further appeal to the Supreme Court only on narrow grounds |
| Prince Edward Island | IRAC (full re-hearing) | 20 days; 7 days for a vacate order for non-payment or cause | Serving the appeal stays the order |
| Newfoundland and Labrador | Supreme Court of Newfoundland and Labrador | 30 days after a copy of the order is provided | Jurisdiction or law only |
Fighting the notice before there is an order
For most tenants the best chance is earlier: dispute the notice, or attend the hearing and make your case. A tenant who wants to fight an N12 in Ontario, for example, does not have to leave. The landlord must apply to the Landlord and Tenant Board, and at the hearing the Board must consider whether to refuse the eviction or delay it. Deadlines to dispute a notice vary:
- British Columbia: 5, 10, 15, 21 or 30 days depending on the notice. Applying in time puts the notice on hold, and the landlord must prove it.
- Alberta: a written objection with reasons before the termination date, for a 14-day notice not about rent.
- Saskatchewan: 15 days in writing for other-cause, caretaker and landlord's-use notices.
- New Brunswick: 15 days in writing for notices that give a listed reason.
- PEI: 10 days for rent and cause notices, one month for landlord's use, sale and renovation notices.
- Ontario and Manitoba: no form and no deadline; stay and attend the hearing.
Reviewing and appealing an eviction in each province
Alberta
An RTDRS order can be corrected or clarified within 30 days, and set aside or varied within 20 days. An appeal goes to the Court of King's Bench on a question of law or jurisdiction only, within 30 days after the order is filed, and that decision is final. An appeal does not stop the order unless the court orders a stay. An order of the Alberta Court of Justice can be appealed to the Court of King's Bench within 30 days.
Before an order exists, a tenant can object in writing, with reasons, to a 14-day notice that is not about unpaid rent. The landlord must then apply, and the tenant may stay until an order is made. A 24-hour notice has no objection procedure. A notice for a reason that is not on the allowed list has no effect.
British Columbia
A tenant who did not dispute the notice in time is treated as accepting the eviction, and the landlord can seek an order of possession by direct request. If the tenant disputes and loses, the arbitrator must grant an order of possession when the notice is in proper form. A decision is final and binding. The only internal option is a review: 2 days for an order of possession (fee $50), on grounds of being unable to attend for reasons beyond your control, new relevant evidence, or fraud. Disagreeing with the decision is not a ground, and only one review is allowed per proceeding.
Outside the RTB, a petition for judicial review can be filed in the BC Supreme Court within 60 days. The landlord enforces the order with a writ of possession and a court bailiff; the police do not evict.
Manitoba
A tenant can appeal to the Residential Tenancies Commission within 7 days for an order of possession, or 14 days for other orders. The chief commissioner can allow more time. A tenant who missed a non-payment hearing needs the Commission's leave to appeal, which is available only if they could not reasonably attend or the order rested on false or misleading information.
An appeal stays the order. The Commission may confirm, vary or rescind it, and the Act says a decision is not subject to appeal or review by any court. A tenant who wants to fight a notice does not file a form: the case is argued at the hearing, and the Branch will not grant possession on an invalid notice.
Saskatchewan
Inside the Office of Residential Tenancies, a tenant can ask for a correction or clarification within 15 days (fee $50). A rehearing is possible if the order was made without hearing from the person or they did not get notice. An appeal to the Court of King's Bench on a question of law or jurisdiction must be filed within 30 days after the order is signed and dated, and weekends and holidays count. The court filing fee is $100, and filing stays enforcement.
A tenant appealing a rent-based writ of possession must first deposit one month's rent with the director. To fight a notice for other cause, a caretaker or the landlord's own use, the tenant disputes it in writing to the landlord within 15 days.
Saskatchewan eviction and ORT hearings | Filing a complaint with the ORT
Ontario
A tenant can file a Request to Review within 15 days (fee $58) for orders made on or after July 1, 2026; the limit was 30 days for older orders. A late request needs a Request to Extend Deadline. If an order was made without a hearing, a tenant can move to set it aside within 10 days, and filing on time stays the order. An appeal to the Divisional Court must be filed within 30 days and only on a question of law; filing stays the order.
Most tenants do better by fighting the notice. A tenant served with an N12 does not have to leave, and the Board must consider relief from eviction at every hearing. It must refuse an eviction in listed cases, for example retaliation or a serious breach by the landlord.
New Brunswick
A tenant can ask a judge of the Court of King's Bench to review a residential tenancies officer's decision. The application must be made within 7 days after notice of the decision or service of the order, on a question of jurisdiction or an error of law only. A judge may extend the time, and applying stays the order. There is no appeal on the facts.
Earlier in the process, a tenant has 15 days to dispute in writing a notice that gives a listed reason, such as the landlord or close family moving in. If the tenant does nothing, silence counts as acceptance. Staying in the unit alone is not a dispute. For unpaid rent, paying within 7 days cancels the notice.
New Brunswick eviction process | New Brunswick filing a complaint
Nova Scotia
A tenant can appeal a Director's order to the Small Claims Court within 10 days, which is a new hearing. The Small Claims Court decides within 14 days. A further appeal to the Supreme Court of Nova Scotia is possible only for jurisdictional error, error of law or breach of natural justice. A mediated settlement is binding and cannot be appealed. After the 10-day appeal period, the order can be made a Small Claims Court order, which the sheriff enforces.
Before an order, a tenant served with a notice for unpaid rent has 10 days to pay or apply to set it aside. For other breach notices the tenant can apply to set the notice aside, and the Act sets no deadline and no deemed acceptance. For application-based grounds there is no notice to dispute, so the tenant answers at the hearing.
Nova Scotia eviction process | Nova Scotia filing a complaint
Prince Edward Island
A tenant can ask the Director in writing within 15 days to correct or clarify an order. An appeal to IRAC (the Island Regulatory and Appeals Commission) must be filed within 20 days, or within 7 days for a vacate order for non-payment or cause. Serving the appeal stays the order. IRAC hears it within 30 days as a full re-hearing, by teleconference. An order under $50 cannot be appealed. A further appeal to the Court of Appeal is possible within 15 days, on a question of law only.
Before an order, a tenant disputes a notice on Form 2A: within 10 days for rent, cause and end-of-employment notices, and within one month for landlord's use, sale, demolition, conversion and renovation notices. Missing the deadline means the tenant is treated as accepting the end date.
Newfoundland and Labrador
The Act has no internal review, and only administrative errors in an order can be amended. A tenant can appeal to the Supreme Court of Newfoundland and Labrador on a question of jurisdiction or law, not later than 30 days after a copy of the order is provided.
There is no "dispute within a set number of days" rule for ordinary notices. A tenant who thinks a notice is invalid can ask the director to decide its validity and attach a copy of the notice. If the tenant does nothing, the landlord must still apply, and the hearing cannot be before the termination date. A retaliation claim must be filed within one month.
Newfoundland eviction process | Newfoundland filing a complaint
Related questions
Can a tenant appeal an eviction order?
Yes. Each province covered here has an appeal or review route, but it is usually narrow and the deadline is short. Alberta, Saskatchewan, Ontario, New Brunswick and Newfoundland and Labrador send the appeal to a court, while Manitoba uses the Residential Tenancies Commission, Nova Scotia the Small Claims Court and PEI IRAC. Read the deadline on your order today.
Can a tenant appeal a possession order?
Yes, but check the deadline first. For an order of possession it is 2 days to ask for a review in British Columbia, 7 days in Manitoba and New Brunswick, 10 days in Nova Scotia, and 7 days for a PEI vacate order for non-payment or cause. In Alberta, Saskatchewan, Ontario and Newfoundland and Labrador the court appeal deadline is 30 days. Each of these has its own limits on what can be argued.
What happens if a tenant appeals an eviction?
In Manitoba, Ontario, Saskatchewan, New Brunswick and PEI, filing or serving the appeal stays (puts on hold) the order. In Alberta an appeal does not stop the order unless the court orders a stay. We did not confirm the effect on enforcement for British Columbia, Nova Scotia and Newfoundland and Labrador, so ask the tenancy office. The appeal body then decides whether to confirm, change or cancel the order.
What to do if tenant appeals eviction?
As a landlord, check whether the appeal puts the order on hold before you take any step to enforce it (SQRFT advice). Do not change the locks or remove belongings. The material we reviewed describes enforcement through a sheriff or court bailiff in Alberta, British Columbia, Manitoba, Ontario, New Brunswick, Nova Scotia and PEI, so ask the tenancy office how it works where you are. Keep records of notices, payments and the hearing, and ask the tenancy office or tribunal when the appeal will be heard.
Can a tenant fight an N12 in Ontario?
Yes. An N12 is a notice, not an order, so the tenant does not have to move out. If the tenant stays, the landlord must apply to the Landlord and Tenant Board and prove the case at a hearing. The Board must consider relief from eviction in every case and must refuse in listed situations, such as retaliation or a serious breach by the landlord. Our page on how to fight an eviction covers the steps.
Can a tenant win an eviction appeal?
It is possible, but appeals decide limited points. Court appeals in Alberta, Saskatchewan, Ontario, New Brunswick and Newfoundland and Labrador are limited to a question of law or jurisdiction. In Manitoba the Commission can confirm, vary or rescind the order, and in PEI and Nova Scotia the appeal is a new hearing. We found no figures on how often tenants succeed, so do not assume a particular outcome.
How long does a tenant have to appeal an eviction?
From 2 days to 30 days, depending on the province and the route. The table above lists them. Weekends and holidays count in Saskatchewan, and some bodies can extend the time, such as the Manitoba chief commissioner and a New Brunswick judge. A late request in Ontario needs a Request to Extend Deadline.
What is the difference between a review and an appeal?
A review asks the same decision-maker to look again, for example the BC Residential Tenancy Branch, the Ontario Landlord and Tenant Board or the Saskatchewan ORT. An appeal goes to a different body. The grounds for a review are often narrow, such as new evidence or being unable to attend. Our page on what the RTDRS is explains Alberta's process.
Does it cost money to appeal an eviction?
Sometimes. The fees we found are $50 for a BC review, $58 for an Ontario Request to Review, $50 for a Saskatchewan ORT correction and $100 to file the Saskatchewan court appeal. We did not confirm fees for the other routes, so ask the tribunal or court. BC offers fee waivers for low income or hardship on its dispute resolution applications; we did not confirm a waiver for the other routes.
Government sources
- Government of Alberta: RTDRS hearings and orders
- Alberta King's Printer: Residential Tenancies Act
- Alberta King's Printer: RTDRS Regulation
- Government of BC: Disputing an eviction
- Government of BC: Review, clarify or correct decisions and orders
- Manitoba Residential Tenancies Branch: Guide 8.4, orders of possession
- Manitoba: The Residential Tenancies Act
- Saskatchewan Courts: Residential Tenancy Appeal Guide
- Tribunals Ontario: Landlord and Tenant Board application and hearing process
- Ontario: Residential Tenancies Act, 2006
- New Brunswick: Residential Tenancies Act
- Nova Scotia Legislature: Residential Tenancies Act
- PEI Rental Office: Rental appeals
- Newfoundland and Labrador: Residential Tenancies Act, 2018
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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